Ex Parte McAfee

ORDER OVERRULING APPLICANT’S MOTION FOR LEAVE TO FILE MOTION FOR REHEARING

The majority overrules without written opinion the applicant’s motion for leave to file a motion for rehearing. I dissent to express my concern. The majority erroneously has overruled a long line of Texas case law regarding double jeopardy. The majority, speaking through Judge Clinton, overrules Garza v. State, 658 S.W.2d 152 (Tex.Cr.App.1982), and seeks to elevate Judge Clinton’s dissent in Garza to a majority status and in doing so has added confusion to the law applicable to the factual situation presented.

I write to…